'1. The two minors herein J.M and J,M.O, aged 13 and 16 respectively at the4 material time were charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. However, pursuant to a plea bargain agreement entered into and adopted by this Court, they pleaded guilty to the lesser offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code..
2. At the time of the offence, the offenders were aged 13 and 16 years respectively, and therefore fall within the category of children in conflict with the law, as defined under the Children Act, 2022. The Court therefore directed the Probation and Aftercare Services to provide a social inquiry report to guide the Court in sentencing.
3. The Probation Officer’s Report, dated 15th July 2025, indicates that both offenders come from supportive families , have no prior criminal history, have never engaged in drug or substance abuse, and show potential for reintegration and rehabilitation. Notably, the report recommends that the offenders be subjected to a non-custodial sentence, involving structured supervision and continued education.
4. In mitigation, counsel for the offenders relied on Section 221(2) and Section 239(1) of the Children Act, urging the Court to consider the evolving capacities of the minors, their age at the time of the offence, their remorse, and the fact that they have been in custody for two years. The victims told this court that they had Court also have forgiven the offenders and expressed readiness to see them return to school and to the community
5. Under Article 53(1)(f) of the Constitution of Kenya, 2010, every child has the right not to be detained except as a measure of last resort, and when detained, for the shortest appropriate period and in conditions that are age-appropriate and separate from adults. Similarly, Section 238(1) of the Children Act prohibits the imprisonment of children .
6. Having considered the nature of the offence , the ages of offenders, the fact that they are a brother and cousin to the deceased and the victims have also forgiven the offenders , the pre-sentence reports, their best interest and the sentencing policy guidelines particularly paragraphs 20.1 and 23.8.5. The offenders have been in custody since their arrest in the year 2023, they are remorseful , they also saved the courts time by entering into a plea bargain agreement.. I find that a non -custodial sentence would serve the best interest of the offenders.
7. Accordingly, I proceed to sentence the offenders as follows:
The offenders , J,M, and J, M. O, are each committed to Kimumu Senior Probation hostel (Eldoret) for 3 years , the first year of the sentence shall be served in the said hostel while the remaining two (2) years shall be served on probation within the community.
8. During the probation period, the offenders shall:
a) Attend school regularly and maintain academic discipline;
b) Participate in rehabilitation and counseling sessions as guided by the Probation Officer;
c) Avoid any criminal activity or conduct that may amount to reoffending.
9. In the event of a breach of probation conditions, the Probation Officer is directed to report the same to this Court for sentence variation.
11. It is so ORDERED.
T.A ODERA
JUDGE
4.9.25
DELIVERED VIRTUALLY ON THIS 4TH DAY OF SEPTEMBER 2025 IN THE PRESENCE OF THE OFFENDERS , THEIR PARENTS , THEIR COUNSEL MR OMWENGA, MR KOIMA FOR THE STATE MT CHESERECK FOR PROBATION & MR KIPCHIRSCHIR COURT ASSISTANT
Chesereck : We seek an order for medical a full assessment as required before admission to the facility and that the4 be remanded at Manga for 5 days .
Order : The offenders be escorted to Kisii County and referral hospital for full medical assessment . They be remanded at Manga Children remand home for 5 days pending the assessment .
T.A ODERA
JUDGE
4.9.25
'
2. At the time of the offence, the offenders were aged 13 and 16 years respectively, and therefore fall within the category of children in conflict with the law, as defined under the Children Act, 2022. The Court therefore directed the Probation and Aftercare Services to provide a social inquiry report to guide the Court in sentencing.
3. The Probation Officer’s Report, dated 15th July 2025, indicates that both offenders come from supportive families , have no prior criminal history, have never engaged in drug or substance abuse, and show potential for reintegration and rehabilitation. Notably, the report recommends that the offenders be subjected to a non-custodial sentence, involving structured supervision and continued education.
4. In mitigation, counsel for the offenders relied on Section 221(2) and Section 239(1) of the Children Act, urging the Court to consider the evolving capacities of the minors, their age at the time of the offence, their remorse, and the fact that they have been in custody for two years. The victims told this court that they had Court also have forgiven the offenders and expressed readiness to see them return to school and to the community
5. Under Article 53(1)(f) of the Constitution of Kenya, 2010, every child has the right not to be detained except as a measure of last resort, and when detained, for the shortest appropriate period and in conditions that are age-appropriate and separate from adults. Similarly, Section 238(1) of the Children Act prohibits the imprisonment of children .
6. Having considered the nature of the offence , the ages of offenders, the fact that they are a brother and cousin to the deceased and the victims have also forgiven the offenders , the pre-sentence reports, their best interest and the sentencing policy guidelines particularly paragraphs 20.1 and 23.8.5. The offenders have been in custody since their arrest in the year 2023, they are remorseful , they also saved the courts time by entering into a plea bargain agreement.. I find that a non -custodial sentence would serve the best interest of the offenders.
7. Accordingly, I proceed to sentence the offenders as follows:
The offenders , J,M, and J, M. O, are each committed to Kimumu Senior Probation hostel (Eldoret) for 3 years , the first year of the sentence shall be served in the said hostel while the remaining two (2) years shall be served on probation within the community.
8. During the probation period, the offenders shall:
a) Attend school regularly and maintain academic discipline;
b) Participate in rehabilitation and counseling sessions as guided by the Probation Officer;
c) Avoid any criminal activity or conduct that may amount to reoffending.
9. In the event of a breach of probation conditions, the Probation Officer is directed to report the same to this Court for sentence variation.
11. It is so ORDERED.
T.A ODERA
JUDGE
4.9.25
DELIVERED VIRTUALLY ON THIS 4TH DAY OF SEPTEMBER 2025 IN THE PRESENCE OF THE OFFENDERS , THEIR PARENTS , THEIR COUNSEL MR OMWENGA, MR KOIMA FOR THE STATE MT CHESERECK FOR PROBATION & MR KIPCHIRSCHIR COURT ASSISTANT
Chesereck : We seek an order for medical a full assessment as required before admission to the facility and that the4 be remanded at Manga for 5 days .
Order : The offenders be escorted to Kisii County and referral hospital for full medical assessment . They be remanded at Manga Children remand home for 5 days pending the assessment .
T.A ODERA
JUDGE
4.9.25
'